
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC14501]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 139--VOLUNTEER PROTECTION
 
Sec. 14501. Findings and purpose


(a) Findings

    The Congress finds and declares that--
        (1) the willingness of volunteers to offer their services is 
    deterred by the potential for liability actions against them;
        (2) as a result, many nonprofit public and private organizations 
    and governmental entities, including voluntary associations, social 
    service agencies, educational institutions, and other civic 
    programs, have been adversely affected by the withdrawal of 
    volunteers from boards of directors and service in other capacities;
        (3) the contribution of these programs to their communities is 
    thereby diminished, resulting in fewer and higher cost programs than 
    would be obtainable if volunteers were participating;
        (4) because Federal funds are expended on useful and cost-
    effective social service programs, many of which are national in 
    scope, depend heavily on volunteer participation, and represent some 
    of the most successful public-private partnerships, protection of 
    volunteerism through clarification and limitation of the personal 
    liability risks assumed by the volunteer in connection with such 
    participation is an appropriate subject for Federal legislation;
        (5) services and goods provided by volunteers and nonprofit 
    organizations would often otherwise be provided by private entities 
    that operate in interstate commerce;
        (6) due to high liability costs and unwarranted litigation 
    costs, volunteers and nonprofit organizations face higher costs in 
    purchasing insurance, through interstate insurance markets, to cover 
    their activities; and
        (7) clarifying and limiting the liability risk assumed by 
    volunteers is an appropriate subject for Federal legislation 
    because--
            (A) of the national scope of the problems created by the 
        legitimate fears of volunteers about frivolous, arbitrary, or 
        capricious lawsuits;
            (B) the citizens of the United States depend on, and the 
        Federal Government expends funds on, and provides tax exemptions 
        and other consideration to, numerous social programs that depend 
        on the services of volunteers;
            (C) it is in the interest of the Federal Government to 
        encourage the continued operation of volunteer service 
        organizations and contributions of volunteers because the 
        Federal Government lacks the capacity to carry out all of the 
        services provided by such organizations and volunteers; and
            (D)(i) liability reform for volunteers, will promote the 
        free flow of goods and services, lessen burdens on interstate 
        commerce and uphold constitutionally protected due process 
        rights; and
            (ii) therefore, liability reform is an appropriate use of 
        the powers contained in article 1, section 8, clause 3 of the 
        United States Constitution, and the fourteenth amendment to the 
        United States Constitution.

(b) Purpose

    The purpose of this chapter is to promote the interests of social 
service program beneficiaries and taxpayers and to sustain the 
availability of programs, nonprofit organizations, and governmental 
entities that depend on volunteer contributions by reforming the laws to 
provide certain protections from liability abuses related to volunteers 
serving nonprofit organizations and governmental entities.

(Pub. L. 105-19, Sec. 2, June 18, 1997, 111 Stat. 218.)


                             Effective Date

    Section 7 of Pub. L. 105-19 provided that:
    ``(a) In General.--This Act [enacting this chapter] shall take 
effect 90 days after the date of enactment of this Act [June 18, 1997].
    ``(b) Application.--This Act applies to any claim for harm caused by 
an act or omission of a volunteer where that claim is filed on or after 
the effective date of this Act but only if the harm that is the subject 
of the claim or the conduct that caused such harm occurred after such 
effective date.''


                               Short Title

    Section 1 of Pub. L. 105-19 provided that: ``This Act [enacting this 
chapter] may be cited as the `Volunteer Protection Act of 1997'.''
